Richard Cosmillo holds his grandson, Joey Cosmillo, who is profoundly disabled after nearly drowning in the family pool. Joey lives at a rehabilitation home now, where Richard Cosmillo visits him daily.
Posted on 10/10/2007 9:40:10 AM PDT by Abathar
CASSELBERRY - In January, 1-year-old Joey Cosmillo wandered into the backyard and fell into the family pool. When his mother hauled him out, he wasn't breathing. Rescuers were able to bring him back to life, but he suffered severe brain damage and cannot walk, talk or even swallow.
Now, his family faces another burden: One of the rescuers, Casselberry police Sgt. Andrea Eichhorn, is suing, alleging the family left a puddle of water on the floor that afternoon, causing her to slip and fall.
The boy's grandparents, named in the suit, are mystified and angry.
"The loss we've suffered, and she's seeking money?" said Richard Cosmillo, 69, the boy's grandfather. "Of course there's going to be water in the house. He was sopping wet when we brought him in."
Eichhorn last week sued Richard Cosmillo; his wife, Maggie Cosmillo; and the boy's mother, Angela Cosmillo, accusing them of negligence. They were careless, according to the suit, and allowed the home they shared to become unsafe.
As a consequence, Eichhorn broke her knee, something that kept her off the job for two months, according to police Chief John Pavlis.
Joey now lives in a nursing home five miles away, where he gets 24-hour care. He breathes through one tube. He's fed through another.
"He doesn't have any abilities -- any," his grandmother said. "He can't sit. He can't swallow. He can't eat. We're not even sure he can see." and Richard Cosmillo are the boy's legal guardians. For the first two months after the accident, she remained at his bedside, never once going home.
(Excerpt) Read more at orlandosentinel.com ...
Richard Cosmillo holds his grandson, Joey Cosmillo, who is profoundly disabled after nearly drowning in the family pool. Joey lives at a rehabilitation home now, where Richard Cosmillo visits him daily.
This seems like a truly heartless thing to do to a suffering family.
Paging John Edwards! Is there an ambulance-chaser in the house?
I don’t think she has a case. She probably should have consulted a competent lawyer before suing.
Moron!!!
Behind this cop’s actions there is a lawyer. Just got to admire how a lawyer can smell money and suck it out of any situation.
Doesn’t the police dept carry Workers Comp?
Would you do what they do without workman’s comp? I sure as heck wouldn’t.
She should have looked into her heart. Or maybe she did and found it dark.
Doen’t police departments carry insurance for injuries that occur on the job?
She should have looked into her heart. Or maybe she did and found it dark.
Doesn’t police departments carry insurance for injuries that occur on the job?
In many states police and fire emergency workers are barred from suing under what’s called the rescue doctrine. The idea is that it’s not good public policy to make people afraid to call 911 because they’ll be liable if any of the professionals who respond are injured. The doctrine doesn’t apply to hidden, unusual dangers unless the rescuers are advised of the risk, like having kegs of black powder in a house that’s on fire. Water around a drowning victim probably isn’t hidden or unusual. But don’t count on the case being thrown out-frivilous lawsuits are only filed because they are sometimes successful.
You are joking right? I don't know about you but I've been noticing lately that the cases that have been succeeding are those that are the most outrageous. Did you see where the manager of a McDonald's was awarded a million dollars for her part in raping an employee?
Naw... This cop probably has an ambulance chaser like Edwards representing her and she will walk home with 300 million dollars or more after the attorney finishes suing the family, city, county, state, federal government and Bush. They will make some bogus claim that department issued shoes weren't water resident enough or some stupid thing like that and that GW didn't send FEMA in quick enough to mop up the water and stop her from falling.
Our country has lost it's mind.
JMHO
I wonder what the police department higher ups think of this officer’s frivolous lawsuit.
This is just sick!
Homeowner’s insurance covers accidents that happen in YOUR home.
There are certain rules of law that might even prevent this case from getting past a motion to dismiss, much less to trial. Of course, I’m assuming that there is a competent judge.
Your point negates mine how again?
Maybe she should get a job taking tickets at the theater. But first paper cut.....
The real victim here is this child. Some people can be an embarrassment to the badge. Disgusting.
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